In 1709 the Statute of Anne created the first purpose-built copyright law. This blog, founded just 300 short and unextended years later, is dedicated to all things copyright, warts and all. To contact the 1709 Blog, email Jeremy at jjip@btinternet.com

1709 Blog: for all the copyright community

Wednesday, 7 November 2012

Barnier's future for copyright: watch this space!

Today the European Union Commissioner for
the single market, Michel Barnier, gave a speech
at the launch event of the CEPS Digital Forum Taskforce on Copyright in the
EU Digital Single Market / Brussels. With the world watching the US elections
it probably won't be the most read speech for today, so I thought it fair to
bring it to the attention of readers.

"When it was created in 1992, one
million computers were connected to the internet worldwide. In 2016, that
number will be 10 billion: 10 000 times more! In 1992, we never imagined that one day
we would be able to read our favourite newspaper, discover new music or watch a
filmanytime, anywhere, on any device -
a laptop, a tablet or a phone. We could not imagine the opportunities.
Or indeed the challenges that would arise. In particular from a European
perspective. Copyright is at the heart of these
opportunities and challenges."

He went on to echo the Neelie
Kroes by asking the question: is
copyright fit for the digital age?

Michel Barnier generously said that he did
not blame copyright for everything that does not work in the internet and more
sensibly that he does not deny that rules need to be modernised and adapted
where the evidence is there.

Barnier listed the four main things
that he seeks to achieve, each of which he elaborates on further in his speech.
In at nutshell what he wants is:

a
copyright framework that facilitates the access of all Europeans to their
heritage. He wants to make make dissemination of digital
works currently out of distribution easier by a combination of limiting rights (where
justified) and easier licensing, notably by way of collective management. He
also refers to the Orphan
Works Directive and to the Recommendation made to Member States "inviting
them to step up their efforts for the digitisation of cultural material".

a
copyright framework that passes the "Single Market test", making more
content available to more citizens, cross-border.
Michel Barnier argues that the territoriality of copyright, and the complexities
of licensing, should not constitute a barrier. He says that an important step
was taken in July when the Directive
on the collective management of rights was proposed in relation to licensing
of music rights by collecting societies. He went on to say that: " it is
unacceptable that Europeans are confronted online with the borders we have been
dismantling in the physical world for 50 years. As Single Market Commissioner,
I cannot accept this." Therefore we can expect to see full implementation of
Single Market instruments such as the Services Directive as well as possible
new legislation.

a
copyright framework that provides the right incentives for those that create
and invest in content and that ensures the right balance with other policy
objectives such as education, research or innovation. In this respect Michel Barnier considers whether more
harmonisation is needed to update the existing limitations and to ensure that
they apply across borders; however copyright should not be weakened to enable
the development of new businesses free of cost. It is important, he says, the strike
the right balance between rights and limitations whilst preserving the
incentive to create.

a copyright framework that continues to
provide incentives but which must include meaningful enforcement. Now more than ever Michel Barnier argues that it is essential that business models based on
infringement of intellectual property rights are eliminated business models as
this is how new jobs (in legitimate companies) will be created.

Michel Barnier finishes by saying that proposals
must be based "on precise data and serious analysis" and that all relevant
parties must be involved in the process. To this blogger this implies that we
are in for a bit of a wait before we see any changes at a European level. Perhaps
that the new CEPS task force on copyright in the digital single market will
prove otherwise, however Michel Barnier's closing remark speaks volumes: his "recommendation
at this point is simple: watch this space!".

1 comment:

Anonymous
said...

Dear Michel Barnier, Neelie Kroes et al., I know that you have written some banal speeches and tweeted, but let's be frank here - have you ever produced something creative - have you written a decent poem, have you written a song, have you made a film, have you written a thoughtful book, can you oil-paint? Frankly, do you have a clue what you are talking about? If you think creativity is about cross-border law, availability of archives or mash-ups, you are seriously out of touch with the soul of creativity. It's not about systems, technology or cliches. Sorry, mate, it's about the soul - policy, policy, it don't mean a thing. Of course, you won't understand a word of this and that is exactly the problem with Europe's culture. You think it's all about law and technology, but it's all about the heart. How sad, how sad. How bankrupt our civilization is. Keep repeating your mantras and finally, yes, you will do it, the less embers of Europe's creativity will die out, once and for all.

Would you like to receive each post by email?

2,387 readers now receive The 1709 Blog by email circular. Why don't you join them? To subscribe, just type your email address in the box below, then click the 'Subscribe' button

email:

Folllow us on Twitter

The 1709 Blog, and some of the choice comments of its blog team on copyright topics, can now be followed on Twitter at @1709Blog. When we last looked, we had 939 followers so, if you sign up, you won't be alone!

Originality in EU Copyright

1709 Blog team member Eleonora has just published her first book, entitled Originality in EU Copyright (Edward Elgar Publishing, here).

Pageviews since April 2009

Distance learning

UK, EU & US Copyright Law: Postgraduate Diploma and Masters programmes are offered by King's College, London. This is a distance learning opportunity for anyone who wants to trade in eight months of toil for a lifetime of knowledge and legal and practical insights provided by a team led by Professor Tanya Aplin.

Coming soon ...

28 and 29 April 2015: "Advertising & Marketing Law". This popular IBC Law conference will be held in London on 29 April, preceded by a Committee of Advertising Practice Workshop on 28 April. Great news for 1709 Blog readers is that they can enjoy a 10% saving by quoting the VIP code FKW82547CPLL when they sign up. Click here for further details and registration.